San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1887-07-22
RECENT LEGAL DECISIONS.
From Bradstrect's Weekly.

From BradstreCts Weekly.
SUIT BY AGENT OF UNDIsCLosED PRIN-
CIPAL.--A contract for the sale OF 1000
cases of Syrian bitumen was made by a
person acting as the agent Of an undis-
closed principal through a broker. The
New York Court of Appeals held, in an
action by the agent for the price OF the
goods delivered, that, as the agent OF an
undisclOsed principal, plaintiff could
properly sue in his own name, and that
payment of Judgment to him would
bar an action by The principal upon the
same contract. Ludwig VS.. Gillespie.
HUSBAND AND WIFE AGENCY EVE
DENCE.-A husband hired certain pTemi-
SEES, and upon paying half a years rent
requested that the receipt, containing
the terms OF letting, be made out 10 the
name Of his wife. This receipt be signed
az follows: accepted, l.. a. Pollock,
per w. j. Pollock at the same time
orally stating that he had the right TO
sign for MS wife. The New York court
Of appeals held Sanford VS.. Pollock
that these facts constituted no evidence
OF the husbands authority to hire the
premises which could bind the wife,
MUNICIPAL TAXATION - UNIFORMITY -
EXEMPTION The Supreme Court Of ILL
nOls lately held, In the case OF the 81.
Louis Bridge Company VS.. the City of
East st Louis, that the exemption from
municipal taxation of hriIge property
within the corporate limits for the rea-
son that 1t was situated upon ground
covered ny naVigAble stream and so
not susceptible Of being laid out into
lots capable of ordinary use, would be in
violation of the constitutional provision
oil 81 D.
form.
lNsOLYENT { ORPORATION-ACtiOn by
Assignse - Assessment. - Where the
whole amount OF the unpaid subscrIp-
ton to the stock of an insOlvent cOrpU-
ration is required to pay the creditors,
an assessment is not a prerequisite to AN
action by the assignee of the corpora
| ton against Il sIOOkhOlder; but where
| the whole amount Is not necessary TO
| pay creditors no action can be main
| tained until the extent of the stock
| holders liability has been asCertaineG.
| So held by the supreme court of Penn
| sylVania in the case of Citizens and
Miners Savings Bank and Trust Com
! psny VS.. Gillespie.
STATUTE OF LIMITATIONS - WAIVER -
| PROMIssORY NOTE The maker of q note,
| after the right to plead the statute of
| Limitation had accrued, wrote upOn the
! note while still in the possession Of the
! owner: 81 hereby waive my right to rely
| upon or plead the statute Of limitations
! as to the within note This the Supreme
court OF Tennessee held (JOrdan VS.. JOr-
dam, was a sufficient acknOW Judgment
of the Justice of the debt and willingness
to pay, to imply a promise to pay, and
would revive the debt, although there
there was no new consideration for such
endorsement.
TAXATION OF COMMERCIAL TRAVELLERS
LOUISIANA DECISION The supreme court
OF Louisiana has just had before 1t a
commercial travellers tax case in deCid-
ing which IL has enforced with thorough
ness the doctrine OF the supreme court
of the United States in the Robbins case.
! The case is that Of The Simmons Hard
ware Co. VS.. Mcclure, Sheriff. In this
! case the court declared unconstitutional
and void that portion OF section u OF
| act l0l of 1856 which provides that all
travelling agents Offering any species OF
merchandise in the state for sale, or SELL
| ing the same by sample or otherwise,
| shall pay license of $50 In so far as
| such travelling agents may represent
| principals dOmioiled In other states, the
! court says the tax is null and void. The
/ court lays down the following statement
of the law in which, as will be seen, it
follows the U. S supreme court closely:
l. A law Of state cannot impose
license taxes upon persons passing
through or coming into it merely for q
temporary purpose. especially il con-
nected with interstate commerce. Nor
can il impose such taxes upon property
imported into 1t from abrOad:Or from
another state, and not yet become q
part of the common mass of the proper
~ therein. 2. state cannot enact
any law or establish any regulation
affecting interstate commerce: same
would be an authorized interference
with the power given to congress on the
subject. 3 Interstate commerce can
not be taxed at all by a state statute,
even though the sane amount Of tax
should be laid on domestic commerce or
that which Is carried on solely; within
the state. 4 The negotiation Of sales
OfgOOds. which are hp another state. for
the purpose Of introducing them into
the state into which ssl ID negotiation Is
made is interstate commerce..